ORDINANCE O2023-XX
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, AMENDING CHAPTER 2.08, CITY MANAGER, SECTION 2.08.070, POWERS AND DUTIES, AND SECTION 2.08.090, COOPERATION OF CITY EMPLOYEES REQUIRED WHEREAS, to effectively enforce local laws, the City strives to create consistency throughout its municipal code through revisions and updates; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meeting of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
THE CITY COUNCIL OF THE CITY OF MANTECA FINDS AND DECLARES AS FOLLOWS:
SECTION 1: Manteca Municipal Code Chapter 2.08, City Manager, is hereby amended to read as follows:
2.08.070 Powers and duties.
The City Manager shall be the administrative head of the government of the city under the direction and control of the council except as otherwise provided in this title. He or she shall be responsible for the efficient administration of all the affairs of the city which are under his or her control. In addition to his or her general powers as administrative head, and not as a limitation thereon, it shall be his or her duty and he or she shall have the powers set forth in the following subsections:
A. It shall be the duty of the City Manager and he or she shall have the power to see that all laws and ordinances of the city are duly enforced and that all franchises, permits and privileges granted by the city are faithfully observed.
B. It shall be the duty of the City Manager and he or she shall have the power to control, order and give directions to all heads of departments and to subordinate officers and employees of the city through their department head; transfer employees from one department to another and to consolidate or combine offices, positions, departments or units under his or her direction.
C. It shall be the duty of the city manager and he or she shall have the power to appoint, remove and demote any and all officers and employees of the city, except the City Attorney. The City Manager shall also have the power to appoint an Assistant City Manager subject to the approval of the City Council.
D. It shall be the duty of the City Manager and he or she shall have the power to exercise control over all departments of government of the city and over all appointive officers and employees thereof.
E. It shall be the duty of the City Manager and he or she shall have the power to attend all the meetings of the council unless excused therefrom by such council.
F. It shall be the duty of the City Manager and he or she shall have the power to recommend to the council for adoption such measures and ordinances as he or she deems necessary or expedient.
G. It shall be the duty of the city manager and he or she shall have the power to keep the Council at all times fully advised as to the financial conditions and needs of the city.
H. It shall be the duty of the City Manager and he or she shall have the power to prepare and submit the proposed annual budget and the proposed annual salary plan to the council for its approval.
I. It shall be the duty of the City Manager and he or she shall have the power to purchase all supplies for all of the departments or divisions of the city. No expenditure shall be submitted or recommended to the council except on report or approval of the city manager.
J. It shall be the duty of the City Manager and he or she shall have the power to make investigations into the affairs of the city and any department or division thereof and any contract for the proper performance of any obligations running to the city.
K. It shall be the duty of the City Manager and he or she shall have the power to investigate all complaints in relation to matters concerning the administration of the city government and in regard to the service maintained by public utilities in the city and to see that all franchises, permits and privileges granted by the city are faithfully performed and observed.
L. It shall be the duty of the City Manager and he or she shall have the power to exercise general supervision over all public buildings, public parks and all other public property which is under the control and jurisdiction of the council.
M. It shall be the duty of the City Manager to devote full time to the duties of his or her office in the interests of the city. Duties as city clerk or any other duties delegated or approved by the city council shall not be applicable to this section.
N. It shall be the duty of the City Manager and he or she shall have the power to perform such other duties and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution or other action of the council.
O. The City Manager may attend any and all meetings of the Planning Commission, Recreation Commission and any other commissions or boards heretofore or hereafter created by the council, upon his or her own volition or upon direction of the council. At any such meetings at which the city manager attends, he or she shall be heard by such commissions or boards as to all matters upon which he or she wishes to address them.
P. The City Manager shall appoint the City Clerk. The City Clerk shall hold office during the pleasure of the City Manager. The City Clerk appointed by the City Manager is not required to be a resident or an elector of the city. This action is taken pursuant to authority granted to the City Council under Government Code Section 36510.
2.08.090 Cooperation of city employees required.
It shall be the duty of all subordinate officers, the city clerk, and the city attorney to assist the city manager in administering the affairs of the city efficiently, economically, and harmoniously so far as may be consistent with their duties as prescribed by law and ordinances of the city.
SECTION 2: Severability. If any section, sub-section, subdivision, paragraph, clause or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, sub-section, subdivision, paragraph, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more sections, sub-sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION 3: Effective Date. This Ordinance shall become effective thirty (30) days following adoption.
City of Manteca, a municipal corporation
MAYOR: __________________________
GARY SINGH
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF SAN JOAQUIN SS:
CITY OF MANTECA
I, Cassandra Candini-Tilton, City Clerk of the City of Manteca, do hereby certify that the foregoing Ordinance had its first reading and was introduced during the public meeting of the City Council on the 7th day of November, 2023, and had its second reading and was adopted and passed during the public meeting of the City Council on the ___ day of _______, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
City Clerk
O2023-XX Page 1 of 1 November 7, 2023
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